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Patna High Court

Ashutosh Kumar @ Ashutosh SinghversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted bail to the petitioner, subject to a bond and sureties.

Summary

The petitioner, Ashutosh Kumar, sought bail in a case registered under Sections 25(1‑b)a and 26 of the Arms Act, alleging that no weapon or ammunition was recovered from his possession and that the police failed to comply with Section 105 of the BNSS during the seizure. The prosecution argued that a country‑made pistol and two live cartridges were found at his house and highlighted his prior criminal antecedents in two other cases. The petitioner contended innocence and false implication, while the State opposed bail on the ground of his criminal history. After hearing both sides, the Court found merit in the petitioner's claim of procedural lapses and decided to grant bail. The bail was conditioned on a bond of Rs. 10,000 with two sureties of equal amount, subject to the satisfaction of the Chief Judicial Magistrate, Samastipur.

Issues considered

  • Whether bail should be granted to the accused under the Arms Act provisions.
  • Whether the seizure complied with Section 105 of the BNSS.
  • Impact of the accused's prior criminal antecedents on bail eligibility.

Legislation cited

Subjects

  • bail
  • Arms Act
  • seizure procedure
  • Section 105 compliance
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20563 of 2026
                   Arising Out of PS. Case No.-413 Year-2025 Thana- KALYANPUR District- Samastipur
                 ======================================================
                 Ashutosh Kumar @ Ashutosh Singh S/o Braj Kishore Mahto @ Birju Mahto
                 @ Birju Singh R/o Village- Kalyanpur Ward No.2, P.S- Kalyanpur, Dist-
                 Samastipur.

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Shashank Shekhar, Advocate
                                                 Ms. Mili Kumari, Advocate
                 For the Opposite Party/s :      Mr. Jitendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   31-03-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner has prayed for bail in connection

                   with Kalyanpur P.S. Case No. 413 of 2025 registered for the

                   offence punishable under Sections 25(1-b)a, 26 of the Arms Act.

                                 3. The case of the prosecution, in short, is that from

                   the house of this petitioner, one country made pistol and two

                   live cartridges were recovered.

                                 4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has

                   committed no offence. He has been falsely implicated in this

                   case. He also submits that nothing has been recovered from the

                   possession of this petitioner. The witnesses of the seizure list are
           Patna High Court CR. MISC. No.20563 of 2026(2) dt.31-03-2026
                                                       2/2




                     police personnel and the police has not complied with Section

                     105 of the BNSS while making the seizure. Moreover, the

                     petitioner is languishing in judicial custody since 09.12.2025.

                                  5. The application for bail is opposed by learned APP

                     for the State and submits that the petitioner is having criminal

                     antecedent of two cases.

                                  6. Having heard learned counsel for the parties and

                     considering the facts and circumstances of the case, this Court is

                     inclined to enlarge the petitioner on bail. The above named

                     petitioner is directed to be enlarged on bail on furnishing bail

                     bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                     of the like amount each to the satisfaction of the learned Chief

                     Judicial Magistrate, Samastipur in connection with Kalyanpur

                     P.S. Case No. 413 of 2025.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T


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